Wright v. Allied Signal, Inc.

963 A.2d 511, 2008 Pa. Super. 289, 2008 Pa. Super. LEXIS 4302
CourtSuperior Court of Pennsylvania
DecidedDecember 19, 2008
StatusPublished
Cited by23 cases

This text of 963 A.2d 511 (Wright v. Allied Signal, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Allied Signal, Inc., 963 A.2d 511, 2008 Pa. Super. 289, 2008 Pa. Super. LEXIS 4302 (Pa. Ct. App. 2008).

Opinion

OPINION BY

FREEDBERG, J.:

¶ 1 In this asbestos personal injury action, Appellant Theresa Wright, individually and as executrix of the estate of her late husband Raymond Wright, appeals from an order granting summary judgment in favor of Asten Johnson, Inc., successor to Asten Group, Inc. (“Asten”). Raymond Wright was employed as an electronic engineer with Scott Paper and on occasion worked in the paper manufacturing plant in Chester, Pennsylvania. Asten manufactured asbestos-containing dryer felts used in the paper manufacturing process. We conclude that there is sufficient record evidence to withstand summary judgment. Accordingly, we reverse and remand.

¶ 2 In January of 2005, Raymond Wright was diagnosed with mesothelioma, a cancer of the mesothelial tissue surrounding the lung caused by exposure to asbestos. He and his wife, Theresa Wright, filed suit against a number of parties, including As-ten, alleging that Mr. Wright’s workplace exposure to asbestos caused his mesotheli-oma. During the pendency of the action, Mr. Wright died from the disease. Asten ultimately moved for summary judgment contending that Appellant failed to adduce sufficient evidence to establish that Mr. Wright inhaled asbestos fibers shed from Asten dryer felts. The trial court granted summary judgment for Asten by order dated July 9, 2007, and docketed July 10, 2007. Appellant filed notice of appeal on July 19, 2007, and Appellant thereafter filed a statement of errors in compliance with Pennsylvania Rule of Appellate Procedure 1925. In turn, the trial court issued an opinion pursuant to Rule 1925.

¶ 3 The posture of this appeal requires that we address the threshold issue of our jurisdiction to entertain the appeal. Appeal may be taken only from a final order, that is, an order that disposes of all claims and all parties. Pa.R.A.P. 341(a). A number of defendants remained of record following the trial court’s grant of summary judgment for Asten. This fact appears to call into question the finality of the trial court’s order granting summary judgment to Asten. However, the record reflects a July 16, 2007 trial court docket entry noting that this case was settled as to all remaining non-bankrupt parties, except the Manville Fund, but the case against the Manville fund was dismissed. “A trial court order declaring a case settled as to all remaining parties renders prior grants of summary judgment final for Rule 341 purposes, even if the prior orders entered disposed of fewer that all claims against all parties.” Gutteridge v. A.P. Green Services, Inc., 804 A.2d 643, 650 (Pa.Super.2002); Harahan v. AC & S, Inc., 816 A.2d 296, 297 (Pa.Super.2003). In this case all parties are now settled, bankrupt, or dismissed by grant of summary judgment or otherwise. Consequently, the grant of summary judgment for Asten is a final order for appeal purposes and the present appeal is properly within our jurisdiction. Gutteridge, 804 A.2d at 650; Harahan, 816 A.2d at 297.

¶ 4 Appellant raises a single issue for our consideration, namely, whether the trial court abused its discretion or committed an error of law in concluding that there was insufficient record evidence to establish that Mr. Wright was exposed to Asten’s asbestos-containing dryer felt product. The issue calls upon us to review [514]*514whether the record evidence of exposure to asbestos-containing material was sufficient to meet the frequency, regularity, and proximity test of Eckenrod v. GAF Corp., 375 Pa.Super. 187, 544 A.2d 50 (1988).

¶ 5 We review a grant of summary judgment under the following well-settled standards:

Pennsylvania law provides that summary judgment may be granted only in those cases in which the record clearly shows that no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law. The moving party has the burden of proving that no genuine issues of material fact exist. In determining whether to grant summary judgment, the trial court must view the record in the light most favorable to the non-moving party and must resolve all doubts as to the existence of a genuine issue of material fact against the moving party. Thus, summary judgment is proper only when the uncontraverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. In sum, only when the facts are so clear that reasonable minds cannot differ, may a trial court properly enter summary judgment.
[0]n appeal from a grant of summary judgment, we must examine the record in a light most favorable to the non-moving party. With regard to questions of law, an appellate court’s scope of review is plenary. The Superior Court will reverse a grant of summary judgment only if the trial court has committed an error of law or abused its discretion. Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration.

Gutteridge, 804 A.2d at 651. (citations omitted)

¶ 6 To withstand a summary judgment motion in an asbestos case, a plaintiff must meet the following standard:

In order for liability to attach in a products liability action, plaintiff must establish that the injuries were caused by a product of the particular manufacturer or supplier. Additionally, in order for a plaintiff to defeat a motion for summary judgment, a plaintiff must present evidence to show that he inhaled asbestos fibers shed by the specific manufacturer’s product. Therefore, a plaintiff must establish more than the presence of asbestos in the workplace; he must prove that he worked in the vicinity of the product’s use. Summary judgment is proper when the plaintiff has failed to establish that the defendants’ products were the cause of plaintiff’s injury.
Whether direct or circumstantial evidence is relied upon, our inquiry, under a motion for summary judgment, must be whether plaintiff has pointed to sufficient material facts in the record to indicate that there is a genuine issue of material fact as to the causation of decedent’s disease by the product of each particular defendant. Whether a plaintiff could successfully get to the jury or defeat a motion for summary judgment by showing circumstantial evidence depends upon the frequency of the use of the product and the regularity of plaintiffs employment in proximity thereto.

Eckenrod, 544 A.2d at 52, 53. (citations omitted)

¶ 7 There is no requirement that a plaintiff who suffers an asbestos related injury must establish the specific role played by each individual asbestos fiber [515]*515within the body. Gutteridge, 804 A.2d at 652; Lonasco v. A-Best Products Co., 757 A.2d 367, 375 (Pa.Super.2000). “Instead, in order to make out a prima facie case, it is well established that the plaintiff must present evidence that he inhaled asbestos fibers shed by the specific manufacturer’s product.” Lonasco, 757 A.2d at 375-76 (italics added).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Palumbo, S. v. SECO/Warwick Corp.
Superior Court of Pennsylvania, 2025
Mullen, D. v. American Circuit Breaker Corp.
Superior Court of Pennsylvania, 2023
SMEAL v. CLARK EQUIPMENT COMPANY
E.D. Pennsylvania, 2022
Gilbert, S. v. Advance Auto Parts
Superior Court of Pennsylvania, 2018
In re: Eva G. Sellers
Superior Court of Pennsylvania, 2017
Whiteacre Funding v. Rosenberg, S.
Superior Court of Pennsylvania, 2017
Wells Fargo Bank, N.A. v. Posoff, R.
Superior Court of Pennsylvania, 2017
MTGLQ, Investors v. D'Angiolini, D.
Superior Court of Pennsylvania, 2017
Red Run Mountain, Inc. v. Earth Energy Consultants
Superior Court of Pennsylvania, 2017
Trust of John Middleton, Inc.
Superior Court of Pennsylvania, 2017
Floyd, J. v. Astenjohnson, Inc.
Superior Court of Pennsylvania, 2017
U.S. Bank National Assoc. v. McGowan, C.
Superior Court of Pennsylvania, 2016
Mikulsky, C. v. Northtec, Inc.
Superior Court of Pennsylvania, 2016
Haldaman, D. v. Eaton Corporation
Superior Court of Pennsylvania, 2014
Webber v. Erie Insurance Exchange
34 Pa. D. & C.5th 364 (Northampton County Court of Common Pleas, 2013)
Smith v. Smith
33 Pa. D. & C.5th 530 (Northampton County Court of Common Pleas, 2013)
Ruspi v. Glatz
69 A.3d 680 (Superior Court of Pennsylvania, 2013)
Lance v. Wyeth
4 A.3d 160 (Superior Court of Pennsylvania, 2010)
Cochran v. Wyeth, Inc.
3 A.3d 673 (Superior Court of Pennsylvania, 2010)
Crumm v. K. Murphy & Co.
10 Pa. D. & C.5th 268 (Lancaster County Court of Common Pleas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
963 A.2d 511, 2008 Pa. Super. 289, 2008 Pa. Super. LEXIS 4302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-allied-signal-inc-pasuperct-2008.